Introduction
If you are the premises owner or business owner and the outgoing licensee has vacated the premises, been evicted or hasn't agreed to transfer the licence, you may complete an 'owner in possession' transfer application.
Before applying, you must advise the outgoing licensee in writing or by email that you want a transfer and that they have 3 days to make a submission and provide evidence of this to Liquor & Gaming NSW. You must send your written correspondence by registered mail to the licensee's last known address.
Liquor & Gaming NSW will usually give you provisional approval within 10 business days so the business can continue operating. Confirmation of the transfer will take about 60 days if all relevant training has been completed.
Eligibility
If you're aged 18 or older and:
- the owner of the premises, or
- the current business owner.
What you need
For all applicants:
- a MyServiceNSW Account
- liquor licence name and number
- name and contact details of the person lodging the form
- the intended transfer date (cannot be less than 10 business days after the application is received)
- representative's name and contact details (if applicable)
- proof of ownership (if you’re the premises owner)
- details of the proposed licensee's (transferee's) industry experience and profile
- signed copy of the registered post letter sent to the outgoing licensee advising them you want a transfer
- photocopy of the receipt for the registered post letter
- copy of the email sent to the outgoing licensee
- completed Data Monitoring Services direct debit request form – PDF (if operating gaming machines)
- Declaration by owner in possession – PDF
- Declaration by proposed licensee – PDF (if applicable).
and for individuals specifically:
- copy of your NSW National Police Check certificate, which should be less than 3 months old
- copies of the 3 identity documents presented when you applied for the NSW National Police Check
- evidence of Responsible Service of Alcohol (RSA) qualification
- evidence of Responsible Conduct of Gambling (RCG) qualification (if operating gaming machines)
- personal details of:
- transferee
- proposed/present premises owner
- proposed/present business owner
- any interested third parties.
and for organisations specifically:
- evidence of an appointed liquor approved manager
- transferee's current Australian Securities and Investments Commission (ASIC) company information report showing directors and shareholders
- details of:
- transferee, including ABN, ACN, Y/Inc
- transferee's contact person
- proposed/present premises owner, including ABN, ACN, Y/Inc
- proposed/present business owner, including ABN, ACN, Y/Inc
- any interested third parties, including ABN, ACN, Y/Inc
- Declaration by incoming manager – PDF
- Declaration by organisation – PDF.
How to apply
- Select the ‘Apply online’ button.
- Log in, or create your MyServiceNSW Account.
- Select 'view licences'.
- Select 'modify licence'.
- Select 'Apply to transfer a liquor licence (without previous licensee's consent)'.
- Follow the prompts.
- Attach any supporting documents.
- Submit your application with payment.
More information
- When lodging online, ensure all the documents you attach are in PDF format.
- Either the owner of the premises or the current business owner can continue to trade after 28 days, provided the transfer application is submitted within 28 days of the original licensee's departure.
- Declarations of consent must be signed by the appropriate office holders of the organisations, in accordance with section 127 of the Corporations Act 2001.
- Fees vary depending on the type of licence you want to transfer, and online applications receive a 10% discount.
- New buyers of a business who have never owned the business under which the licence has operated can't make an 'owner in possession' application.